New York Estate Planning & Elder Law Blog
New York along with every other state, most United States administered territories and even The Bureau of Indian Affairs for Indian Tribes has an adult protective services enabling statute. New York’s adult protective services statute is found in the archaically entitled Title 81 of the New York State Mental Hygiene Law. It allows for the appointment of a guardian over an incapacitated person only after a Court makes two specific findings of fact:
1) The allegedly incapacitated person is unable to provide for his/her personal needs or unable to manage their property and financial affairs; and
2) The person cannot adequately understand and appreciate the nature and consequences of their inability.